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The Court of Appeal dismissed an application to remove an appeal from the inactive list, finding the delay in prosecuting the appeal inordinate, unexplained, and unlikely to lead to success.
The appellant did not voluntarily leave but was terminated; her failure to return was not intentional because medical advice prevented travel, therefore the conduct did not meet the wilful standard for misconduct and she is not disqualified from EI benefits.
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The Court of Appeal dismissed Mr. Jeffries’ application to reactivate his appeal from the inactive list, citing significant delay, weak merits, and no interests-of-justice basis.
The member found the Appellant voluntarily left by choosing not to wait for the executive director's review; employer communications and the ROE were more persuasive than the Appellant's testimony, the Appellant had reasonable alternatives (including returning to work and awaiting the ED's decision), therefore she failed to prove on the balance of probabilities that she had just cause, and is disqualified from EI under s.30 of the Employment Insurance Act.
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The Tribunal dismissed the complaint after the complainant failed to repair a deficient Statement of Particulars or respond to the motion to dismiss.
The Tribunal dismissed a human rights complaint after the complainant failed to repair a deficient Statement of Particulars or respond to the motion to dismiss.
The Federal Court dismissed an immigration judicial review as abandoned after the applicant failed to comply with an order to retain counsel or self-represent.
The Court of Appeal dismissed the application as abandoned after the appellant failed to attend the rescheduled hearing and did not communicate with the court.
The Tribunal dismissed Steven Labelle’s human rights complaint as abandoned after repeated failures to file the required particulars, witness summaries and supporting disclosure.
Failure to contact the employer to explain absence on the agreed return date, when the claimant knew of the notification rule and the risk of discipline or dismissal, constituted at least reckless and therefore wilful misconduct under s.30 of the Employment Insurance Act, disqualifying the appellant from EI benefits.
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